RAM METALIK Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Aggrieved by order dated 05.08.2014 whereby, the Licence No. 5/SBM/2012-13 has been cancelled, the present writ petition has been filed.

(2.) The petitioner is a registered dealer under the Jharkhand Mineral Dealers Rules, 2007. It has been granted licence for processing/storing and trading of iron ore. The licence under the Jharkhand Mineral Dealers Rules, 2007 was issued to the petitioner on 14.06.2012 for a period of five years. The petitioner has obtained requisite clearance from the Jharkhand Pollution Control Board. On 02.08.2014 an inspection was carried by a team of officers comprising the Assistant Mining Officer and Mines Inspectors. The representative of the petitioner namely, one Somnath Kumar Ram was also present at the time of inspection. Measurement of Iron Ore was taken and 985.074 MT. Lumps/Rom, 1259.336 MT size Ore and 1762.108 MT fines Ore, total about 4006.513 MT was found there. The representative of the petitioner however, did not produce the stock register and he gave in writing the stock of Rom, size Ore and fines Ore, total weighing 2965.860 MT. It is stated that in this manner, huge quantity of Iron Ore, size Ore and fines Ore was found in excess, in the premises of the petitioner which were obtained and brought by the illegal means. A First Information Report bearing Gua ( Bara Jamda) P.S. Case No. 45 of 2014 was lodged on 02.08.2014 under Section 379/411, I.PC. and under Sections 4 & 21 of M.M.D.R. Act, 1957 read with Rule 6 of the Jharkhand Mineral Dealers Rules, 2007 and under Rule 3/9 of Jharkhand Mineral Transit Pass Regulation, 2005. Vide order dated 05.08.2014, the licence of the petitioner was cancelled and it was directed not to carry on business from its premises. Aggrieved, the petitioner has approached this Court by filing the present writ petition.

(3.) A counter-affidavit has been filed on behalf of the respondent-State of Jharkhand stating that in view of the input received from the Superintendent of Police, Special Branch, Ranchi, a team of Mining Officers visited the crusher premises of the petitioner. On 02.08.2014, when huge quantity of Iron Ore, size Ore, fines Ore was found in excess to the quantity disclosed by the representative of the petitioner. It is further stated that a criminal case being Gua ( Bara Jamda) P.S. Case No. 45 of 2014 has been registered and the criminal case is under investigation against the petitioner. Since the illegal huge quantity of Iron Ore, size Ore and fines Ore was found inside the premises of the petitioner, vide order dated 05.08.2014 licence has been cancelled.